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Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... C. for quashing the said criminal proceedings and obtained a Rule, but a Division Bench of the High Court Division by judgment and order dated 9-7-95 discharged the Rule on the ground that in the absence of anything to show that the learned Additional Sessions Judge Mr. ATM Fazle Rabbi, who was...... writing made by the licensing authority or an officer authorised by him in this behalf. As such cognizance taken by the Senior Special Tribunal under the Special Powers Act was illegal and without jurisdiction and no charge can be framed and the petitioner was entitled to be discharged from the ..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......ection 23 of the Immigration Ordinance, 1982 and under section 26 thereof the offence is exclusively triable by a Special Court under a summary procedure. The learned Magistrate was therefore without jurisdiction in taking cognizance of the case. 3. Under section 23 of the Immigration Ordinance,..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......nical ground or on benefit of doubt or for some slender reasons or that the cases are being re-investigated and the remaining case pending against the detenu is neither false nor concocted. In the absence of any affidavit-in-opposition or concise statement in the facts of the present case we are......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ....... 3 and the Federation of Pakistan as defendant No. 1 for short delivery of rape-seeds at Chittagong Port which they had imported from Karachi. On the objection raised by defendant No. 2 as to the jurisdiction of Chittagong Court on the ground of rubber-stamp clause on the bill of lading that th..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......d when ones right is violated one is entitled to get relief. In order to have that relief one is to adopt an appropriate procedure provided by law and to seek for one’s relief in that. Hence in the absence of the prayer for an appropriate relief the action is not entertainable. So, in order to mai...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......ulated in the agreement for reconveyance. 11. This court in Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236 held: “As to the power of the High Court, in exercising its jurisdiction under section 100 of the Civil Procedure Code, to disturb the finding of the first ap..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......sions and methods for realisation of loan by financial institutions provided by laws by which they were established but as far as suits are concerned, the Artha Rin Adalat has been given exclusive jurisdiction in sub-clause (1) of section 5. 3. At the hearing of the appeal, Mr. Rafiqe-ul Huq, le..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ur of the person whose name appears as the transferee in the deed, but this presumption is rebuttable. Source of consideration money though an important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important ......udgment. 2. The decision of this appeal turns upon the question whether the High Court Division, in exercise of its powers under section 115 of the Code of Civil Procedure, acted beyond its jurisdiction, in setting aside the concurrent findings of the first two courts below and sending ba..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....rs: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortgagor, as the unexpired period bears to the total pe......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ...... offering to the highest bidder to purchase at the enhanced price which might have been offered by a party who did not take part in the tender. He has submitted that the petitioner invoked the writ jurisdiction not on the basis of any accrued right but on the principle that in such matters the G..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
.... was justified in dismissing the revisional application merely on ground of delay without considering the merit of the case. (ii) the conviction and sentence as passed against the petitioner being totally unsustainable in law and on facts, the learned Single Judge of the High Court Division ought......even after the aforesaid period of 60 days provided the applicant can show that he was prevented by sufficient cause to move the High Court Division within the said period of 60 days. Moreover in the absence of any limitation prescribed for revision under the law, it cannot also be properly said tha......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......ist at the time of such revocation and withdrawal.” 9. The Learned Judges then observed that the appellant had “admittedly” no right to invoke the jurisdiction under Article 102 of the Constitution at the time of revocation and withdrawal of Mart..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......ment of Administrative Tribunals for the purpose mentioned therein.Thus, the Administrative Tribunal being the creature of the Administrative Tribunal Act of 1980, for the purpose of exercising its jurisdiction within the frame work of that Act, cannot act beyond the scope of section 7(1) thereof..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......ssion “any authority” falls in the inclusive definition of the local authority it cannot be said that “any authority” does not include the school in question, specially in absence of any explicit language in the Ordinance by which the expression “School” is ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......s Judge without holding a fresh trial convicted and sentenced the respondents on the basis of the evidence recorded in the Special Martial Law Court his judgment and order were illegal and without jurisdiction. The learned Judges of the High Court Division upheld the said contention and in suppo..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... ground was urged by filing an application by the learned Additional Attorney-General as to the maintainability of this application before the Tribunal itself. The said ground being related to the jurisdiction of the Administrative Tribunal in entertaining the application was allowed. The ground..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... area and the extent of adverse impact outside the project area may encompass more than a million human lives, natural resources and the natural habitat of man and other flora and fauna. Although the total impact area is large, only 210 hectares of land were being acquired without complying with the......ression very restrictively to mean a person who has a personal or individual right in the subject matter of the application which right has either been infringed or threatened to be infringed. In the absence of any definition can such a cast-iron meaning be given to the said expression? The answer w...... or any citizen or an indigenous association, as distinguished from a local component of a foreign organisation, espousing that particular cause is a person aggrieved and has the right to invoice the jurisdiction under Article 102: Per Mustafa Kamal J delivering The Full Court Judgment. ……(47-48..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ...... been cast upon the court to make them parties in the legal proceeding, when the right to sue survives. From the date of acceptance of the appellants’ application for prosecuting the case in absence of the deceased plaintiff, there was no legal existence of the deceased plaintiff in the ca......s as substituted plaintiffs in the decree in question by way of correction. This submission of Mr. Aziz is not correct and acceptable in view of our above noted finding regarding the court’s jurisdiction under the provisions of C.P.C. 17. Besides, this Division in the case o..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....October 3,1982 Taka 55,000.00 from the plaintiff and acknowledged the receipts of those amounts by signing on the back of the deed of agreement. The plaintiff thus paid to defendant Nos. 1 and 2 in total a sum of Taka 4,55,000.00 leaving a balance only for Taka 25,000.00. Subsequently when the p...... dismissed the appeal and affirmed the judgment and order of the trial Court holding, inter alia, that the trial Court had rightly held that the Misc. Cases are barred by limitation and that in the absence of holding any enquiry for fixing up the liability for not placing the adjournment applicat......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......s……………….Respondents Judgment January 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law o......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
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